Buckley v. Westchester Lighting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Buckley, as administrator, etc., of John M. Golden, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 21st day of March, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the oth day of March, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff charges an electric lighting company with negli- ' gence in that it permitted its wire to be and to remain out of repair and broken, and yet alive, whereby plaintiff’s intestate, then upon a public street, came into contact with the wire and was killed. The jury found that “ both parties were negligent, and for the defendant.”
*438The intestate was an engineer of a boiler in a building on North street, New Rochelle. In the daytime Mr. Stroebel, a lineman of the New York Telephone Company, saw the wire lying on the ground and spluttering fire. It was then quite close to the…
2Cases cited3 opinions
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Link v. . SheldonNew York Court of Appeals · 1892
- Rexter v. . StarinNew York Court of Appeals · 1878
3Cited by3 opinions
- Bolte v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1967
- Wightman v. CampbellAppellate Division of the Supreme Court of the State of New York · 1914
- Hynes v. StateNew York Court of Claims · 1909